ORDER :

Ujjal Bhuyan, J.

Heard Mr. K.V. Rusheek Reddy, learned counsel for the petitioner and Mr. Raja Shekar Rao Salvaji, learned Standing Counsel for the respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondent – State Bank of India, Stressed Assets Management Branch, Hyderabad, to refund to the petitioner the additional amount proportionate to the price of the deficit land admeasuring 44 sq. yards in respect of the schedule property purchased by the petitioner in the e-auction conducted by the respondent.

3. Case of the petitioner is that respondent had issued a notice dated 20.02.2019 under Rule 9 (1) of the Security Interest (Enforcement) Rules, 2002 (referred to hereinafter as ‘the SARFAESI Rules’) for holding e-auction of the schedule property. Details of the schedule property have been mentioned by the petitioner in the affidavit supporting the writ petition, which for the sake of convenience are extracted hereunder:

“Land admeasuring 200 sq. yards of the property bearing No.3-117 with six shops in Ground Floor, undivided share of land admeasuring 105.00 Square Yards, Pr.87.79 Square Meters, having plinth area of 987.00 Square Feet in RCC in Survey No.92, situated at Hanuman Nagar, Gaddiannaram Village, Sarrornagar Revenue Mandal, Ranga Reddy District Region, Sub-district Saroornagar and RCC Residential Building located on first floor bearing No.3-117 admeasuring 1427 sq. ft. with undivided share of land admeasuring 95 sq. yards in Sy.No.92, situated at Hanuman Nagar, Gaddiannaram village, Saroornagar Revenue Mandal, Ranga Reddy District.”

4. E-auction was held on 15.03.2019 in which petitioner participated and offered bid amount of Rs.1,38,00,000-00. Petitioner was found to be the highest bidder and was accordingly declared as the successful bidder. Pursuant thereto petitioner paid the entire bid amount to the respondent within the prescribed period; whereafter respondent issued sale confirmation letter to the petitioner on 16.03.2019 and two sale certificates dated 14.05.2019. Immediately thereafter two sale deeds both dated 15.05.2019 were executed by the respondent in favour of the petitioner.

5. After some delay, respondent handed over physical possession of the schedule property to the petitioner in the month of January, 2020.

6. Petitioner made an application dated 03.02.2020 to the Greater Hyderabad Municipal Corporation (GHMC) for mutation of the schedule property in his name. However, GHMC informed him that an amount of Rs.18,39,915-00 was pending as tax arrears against the schedule property. Initially, when the petitioner had brought this fact to the notice of the respondent, there was evasion and denial by the respondent regarding pending tax arrears, which compelled the petitioner to approach this Court by filing Writ Petition No.5230 of 2020. It was only thereafter that respondent cleared the pending tax arrears with respect to the schedule property. Petitioner again made an application to the GHMC for grant of building permission to develop the existing building which was granted by the GHMC on 30.09.2020. As per the permission so granted, the area of the schedule property was admeasuring only 156 sq. yards as against 200 sq. yards mentioned in the two sale deeds as well as in the sale notice dated 20.02.2019.

7. According to the petitioner a perusal of the sale notice and the sale deeds would go to show that the total area of the land purchased by the petitioner in the e-auction held on 15.03.2019 was 200 sq. yards, whereas as per the building permission granted by GHMC the total area of land of the schedule property is 156 sq. yards. There is thus deficit of 44 sq. yards for which petitioner had paid additional amount in the e-auction sale.

8. In view of such development, petitioner issued legal notice dated 08.12.2020 to the respondent for refund of the excess amount proportionate to the deficit land i.e. 44 sq. yards. Respondent